ML20057C416
| ML20057C416 | |
| Person / Time | |
|---|---|
| Issue date: | 08/12/1993 |
| From: | Kidd D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20057C397 | List: |
| References | |
| FRN-58FR44435, RULE-PR-11, RULE-PR-25 AE68-2-009, AE68-2-9, NUDOCS 9309280345 | |
| Download: ML20057C416 (2) | |
Text
{{#Wiki_filter:AUG 12 1993 AE68-2 PDR o MEMORANDUM FOR: David L. Meyer, Chief Rules Review and Dir(ctives Branch Division of Freedom of Information and Publications Services Office of Administration FROM: Duane G. Kidd Assist?nt to the Director Divinion of Security Office of Administration
SUBJECT:
APPROVAL FOR PUBLICATION The enclosed revision to 10 CFR Parts 11 and 25, " Access Authorization Fee Schedule for Licencee Personnel," has been 1993. Please approved for publication by the EDO on August 10, arrange for transmission, on or after August 18, 1993, to the Federal Register for publication. Duane G. Kidd Assistant to the Director Division of Security Office of Administration
Enclosure:
As stated cc: R. J. Brady, D/SEC R. A. Dopp, DD/SEC Distribution: MC: None SCT: LRD 3.00.05 LRD 3.00.09 D/SEC R/F uunimavy, PERSEC a. s c-w nr=nn. s v:r. w DGKid4g(f SEC 8//{/93 9309280345 930921 1,' 7 (j n4y V - ., %, U PDR PR '[p0 [ v II 53FR44435 PDR
e Approved for Publication The Commission delegated to the EDO (10 CFR 1.31(a) (3) ) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310. l The enclosed rule, entitled " Access Authorization Fee Schedule for Licensee Personnel," will amend Parts 11 and 25 by increasing the fee NRC charges its licensees for background investigations that are used to determine eligibility for a special nuclear material access authorization or personnel security clearance for access to Restricted Data or National Security Information. This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy. I, therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it. / Trbob3 N ?&/r Datd Jame .' Taylor,jfxecutive Director o Operations t i
i [7590-01-P) NUCLEAR REGULATORY COMMISSION 10 CFR Parts 11 and 25 RIN: 3150-AE68 Access Authorization Fee Schedule for Licensee Personnel AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is amending its regulations to revise the fee schedule for background investigations of licensee personnel whr require access to National Security Information and/or Restricted Data and access to or control over Special Nuclear Material. These amendments comply with current regulations that provide that NRC will publish fee adjustments cencurrent with notifications of any changes in the rate charged the NRC by the Office of Personnel Management (OPM) for conducting investigations. EFFECTIVE DATE: (30 Days after date of publication in the vn' W Wopinter). FOR FURTHER INFORMATION CONTACT: Sandra I. Schoenmann, Division S. Nuclear Regulatory of Security, Office of Administration, U. Commission, Washington, DC 20555, telephone (301) 492-4774. t 1 --[O 9 h blM-(,/
s s. SUPPLEMENTARY INFORMATION: The OPM conducts access authorization background investigations for the NRC and sets the rate charged for these investigations. Effective October 1, 1993, OPM will increase the rate it charges NRC for conducting access authorization background investigations. Because the fees that NRC charges its licensees for material access authorizations and personnel security clearances are determined by the rates charged the fee by OPM for conducting the background inv'estigations, schedules in NRC regulations must be amended to reflect the OPM rate increase. OPM is increasing the rate it charges for NRC is background investigations by approximately 25 percent. passing this additional cost to licensees. These changes comply with current regulations that provide that NRC will publish fee adjustments concurrent with notification of any changes in the rate charged the NRC by OPM for conducting the investigations. This amendment deals solely with agency practice and Previous procedures of a minor and administrative nature. publications of this rule advised that, from time to time, the agency would publish revisions of the rule to accommodate adjustments in the fee schedule. Since the public had the ) nnpnvennirv en enmwnnt on this aspect of Paris 11 and 25 as a proposed rule, it is not considered that any further benefit would accrue from additional public comment at this time. Under 2 f ~
the circumstances, the NRC, for good cause, finds that the notice and come.es.L provisions of the Administrative Procedure Act are unnecessary pursuant to 5 U.S.C. 5553 (b) (B). Environmental Impact: Categorical Exclusion i The NRC has determined that this final rule is the type of I action described in categorical exclusion 10 CFR 51.22 (c) (1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. 8 Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork i Reduction Act of 1980 (44 U.S.C. 3501 et seq). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0046 and 3150-0062. Regulatory Analysis The Cnmmimmion has prenered a reanlatcro ana)vsis on this final regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC. Single copies of 3 i t
e' i the analysis may be obtained from Sandra I. Schoenmann,' Division of Security, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, DC 20555, telephone: (301) 492-8774. Backfit Analysis The Commission has determined that the backfit rule, 10 CFR 550.109, does not apply to this final rule and, therefore, a l backfit analysis is not required because this amendment does not involve any provisions which would impose backfits as defined in 10 CFR 550.109 (a) (1). f List of Subjects 10 CFR Part 11 Hazardous materials - transportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material. 10 CFR Part 25 L Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures. 4 i I i
a For the reasons set out-in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the ( Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 11 and 25. i k f PART 11 - CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL i The authority citation for Part 11 continues to read as 1. f follows: I AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C.- 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841). Section 11.15(e) also issued under sec. 501, 85 Stat. 290 l (31 U.S.C. 483a). t 2. In 511.15 paragraph (e) (1) is revised to read as follows: S 11.15 Application for special nuclear material access j \\ en&hnr4,ne<nn 1 5 l l
r' (e) (1) Each application for special nuclear material access i authorization, renewal, or change in level must be accompanied by j the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the following schedule: i. NRC-U requiring full field investigation $3,800 ii. NRC-U requiring full field investigar. ion (expedited l $4,300 i processing) iii. NRC-U based on certification of comparable full field 2 $0 background investigation i $67 i 2 iv. NRC-U or R renewal P l 2$67 v. NRC-R. vi. NRC-R based on certification of comparable 2$0 investigation. l ite m' ' ~+ nf ava i l abl e rinta - det rinec, barai 2 T' t: - ~ " ~' af vs,uJ. cnat a cuiA tielu lavestigac.on o nuu. _f, r __ t u e will be assessed prior to the conduct of the investigation. i 6 i _j
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- If the NRC determines, based on its review'of available data,.
that a National Agency Check and Credit investigation is necessary, a fee of $67.00 will be assessed prior to the conduct of the investigation; however, if a full field based on investigation is deemed necessary by the NRC, its review of available data, a fee of $3,800 will be assessed prior to the conduct of the investigation. PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 3. The authority citation for Part 25 continues to read as-follows: AUTHORITY: Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); E.O. 12356, 47 FR 14874, April 6, 1982. Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701). 4. Appendix A to Part 2b in revised to read as follows: 7
l l APPENDIX A TO PART 25 - FEES FOR NRC ACCESS AUTHORIZATION 1i I Fee Category i Initial "L" Access Authorization 2$67 Reinstatement of "L" Access Authorization.. 1$67 f 2 Extension or Transfer of "L" Access Authorization. $67 ) Initial "Q" Access Authorization $3,800 i Initial "Q" Access Authorization (expedited i $4,300 processing) ) i Reinstatement of "Q" Access Authorization. 2$3,800 3 h 6 Reinstatement of "Q" Access Authorization (expedited 2$4,300 j processing) Extension or Transfer of "Q" 2$3,800 2 Extension or Transfer of "Q" (expedited processing) $4,300 i j i 8 -=e
l If the NRC determines, based on its review-of available 1 that a full field investigation is necessary, a fee of
- data,
$3,800 will be assessed prior to the conduct of the investigation. Full fee will only be charged if investigation is required. 2 Dated at Rockville, Maryland this /d day [ _ M,1993. 7 For the Nuclear Regulatory Commission. h=:-:- tive Direc/ tor for Operations. ss M. Taylor J e O a f 9
REGULATORY ANALYSYS 1. Statement of Problem i Effective October 1, 1993, the Office of Personnel Management (OPM) is increasing the rate it charges NRC to conduct access l authorization background investigations. Since the fee that NRC charges its licensees for material access authorizations i and personnel security clearances is dependent on the background investigation rate charged by OPM, the NRC l' regulations containing the fee schedule, 10 CFR Parts 11 and 25, must be amended to reflect the rate increase. Otherwise, l NRC would be subsidizing licensee applications for material access authorization and personnel security clearances. l 2. Obiective The objective of this regulatory initiative is to inform l licensees and other nongovernmental bodies of OPM's rate increase to NRC for the conduct of background investigations. 3. Alternatives There is no reasonable alternative to the revision of these I regulations that would achieve the desired result. 4. Consecuences i There are approximately 23 affected entities licensed by the NRC. Each licensee who uses, processes, stores, transmits, or delivers to a carrier for transport, formula quantities of special nuclear material must have their personnel granted material access authorizations under Part 11 by NRC. In i addition, each licensee who needs access to National Security l Information or Restricted Data to conduct official NRC business must have a personnel security clearance granted to them under Part 25 by NRC. Each application for special nuclear material access authorization or a personnel security clearance must be accompanied by the licensee's remittance payable to NRC. Since OPM is raising the rates they charge for background
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n.,. licensees. The additional cost to the licensees w111 not have an impact on either NRC programs or requirements at these facilities. [ l 1
5. Decision Rationale The only available method of imposing this requirement on selected licensees is to revise 10 CFR Parts 11 and 25. [ Other avenues would. lack the requisite formality and legality necessary to require all affected NRC licensees to adhere to the changes in fees required for background [ investigations. 6. Implementation The Division of Security intends to publish the Final Rule 1993. [ amending 10 CFR Parts 11 and 25 by August 15, s L t 4 k I l l I t r i
k A a A b 4 Y ^ 1 - 1 1 1 l 1 'l i s i Enclosure B r i f I 6 L I 5 g a r i ti h D t t i [ t I w I
m [. - m%, UNITED STATES NUCLEAR REGULATORY COMMISSION ,,3 o vv ASHINGTON, D. C. 20S56 3 8' k...... JUN 0 51991 i t i MEMORANDUM FOR: James M. Taylor Executive Director for Operations FROM: Patricia G. Norry, Director Office of Administration RECOMMENDATION FOR RECURRING PROMULGATION OF
SUBJECT:
RULE: REVISED FEE SCHEDULES (PARTS 11 and 25) l I am requesting your one-time approval for the initiation of i recurring (normally annual) rule amendments to revise the fees i charged licensees for personnel security investigations. In accordance with the February 13, 1984, memorandum " Control of NRC Rulemakings by Offices Reporting to the EDO," I have enclosed i pertinent information supporting this request. The Of fice of Personnel Management (OPM) and the-Federal Bureau of Investigation (FBI) regularly increase the amount they charge NRC for OPM background investigations and FBI fingerprint checks on October 1 each year. Since the fees that NRC charges licensees for special nuclear material access authorizations and personnel security clearances are dependent on the background investigation and fingerprint check rates charged by the rates charged by OPM, FBI, the fee schedules in the NRC regulations must be amended each year to reflect the OPM and FBI rate increases. Otherwise, NRC would be subsidizing licensee applications' for special nuclear material access authorizations and personnel security clearances. Rather than continue to request approval of initiation of rulemaking each year, I request that continuing approval be granted for rulemaking initiatives which deal solely with an increase in fees based on OPM and/or FBI fee increases. Each annual rule change vill be coordinated with all affected officts 2nd cubmitted' to the N for approval. Any orocosal:3 for subat oncm ch._w;;c 2 it ._<ia .ou. 1a; .fl J c;.m.- 1_ , i-individual and specific approvals for initiation of such rulemakings. i
2 - The Offices of Nuclear Regulatory Research, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards and the Division of Freedom of Information and Publications Services, office of Administration, concur in this proposal to initiate annual administrative rulemaking. The Office of the General Counsel has no legal objection. or need further information, please If you have any questions, contact Raymond J.
- Brady, Director, Division of Security, on X24100.
h. atricia G. Norry, Dir ctor Office of Administration
Enclosures:
- 1. Regulatory Agenda Entry 2.
Results of Preliminary Of fice Review of Rulemaking 3. Preliminary Regulatory Analysis Approved: 6/i> /p/ Disapproved: / / 6/d / Mam M. %ylor datd - cutive Director for Operations p =}}